AYLMER – Pastor Henry Hildebrandt pointed south toward the local No Frills grocery store as a symbol of everything he sees as unfair during the pandemic lockdown.

He was getting wound up during the fire-and-brimstone sermon to the people in the cars packed onto the Church of God parking lot. He was preaching about David and Golaith, casting the church as David in their struggle to have their services during a global pandemic.

He railed against Sunday shopping and how they, the church, were considered non-essential under the province’s emergency measures act, forcing them to temporarily close their building.

“This morning, I stand here and I can’t believe my eyes. The store is open and the church building is closed. I’m asking, where have we come to?” he yelled.

And with that, he was off the podium set up in front of the cars and marching down the driveway, waving and yelling. “If I can’t be in the building, I can at least be out here. It’s Sunday morning. It’s church time. It’s church time.”

The church’s members, honked their horns and blinked their headlights in support. None of them got out of their cars and all kept the windows shut, while listening to the service on the radio. They were told at the beginning of the service that they could put on their air conditioning if they were too hot.

This was the fourth Sunday Hildebrandt has defied Ontario’s emergency measures law and held a service in the parking lot of the conservative evangelical church – and he said he’s not going to stop even if he’s charged by Aylmer police.

“I am not worried about them charging me,” he said after the service. “If they charge me, let the people who know how handle that. Let it go through the courts, whatever it takes. I just know what we’re doing is right.

“I’m not in for a fight against a person. I am very, very concerned that as a church we have let people down, we have not been what we needed to be and that’s why they call us non-essential. I’m not against any individual whatsoever, but we must rise to the occasion.”

No charges have been laid yet, and the church signaled this weekend that it’s sending out the first salvo. The church’s lawyer with the Alberta-based Justice Centre of Constitutional Freedoms is planning to launch a constitutional challenge against the Ontario government, arguing that the emergency laws infringe on the church’s freedom of peaceful assembly.

Lisa Bildy, a London lawyer, said in an email that other jurisdictions, including Saskatchewan, have made allowances for drive-in church services following some nudging from the Alberta-based group.

“It is frankly very disappointing that the Ontario government has not followed suit, particularly as this lockdown is measured in months, not weeks, and ongoing public support is being sorely tested,” she said.

“It is not difficult to set some reasonable parameters to ensure that public health continues to be protected, yet still permit much needed connection between parishioners from the safety of their cars.”

Bildy added that if the provincial government was willing to allow the services, similar rules could be put in place for drive-in movie theatres. She pointed out that the church “has gone above and beyond” to make sure church members are safe, compared to the long lineups at liquor stores and drive-through fast food restaurants.

If charged under the province’s emergency orders, there are fines of $750 to $100,000 and possibly a year in jail. The fines increase to $500,000 for company directors and $10 million for corporations.

Whether it’s because of charges or a Charter challenge, this won’t be the first time Hildebrandt and the church have been itching for a legal fight over their beliefs.

In 2001, the church was thrust into the national spotlight when seven children were removed from their homes by the local child welfare workers after the parents refused to promise not to spank them.

Hildebrandt was at the forefront in the families’ defence, arguing that corporal punishment was sanctioned in the bible. Ultimately, a family court ruled that the Children’s Aid Society did not violate any constitutional rights.

It appears he is ready for another legal battle. Hildebrandt boasted to reporters that the church parking lot was “the safest parking lot here in town this morning by far.”

He pointed down the road to the stores and Tim Hortons. “If the parking lot there is fine for people to get in and out of their cars and we don’t do that here, there’s absolutely no reason why we shouldn’t be doing what we’re doing and it’s extremely important to us,” he said.

The service was live-streamed, but Hildebrandt said that doesn’t take the place of in-person worship. “I heard them honk, I saw them wave. I saw them smile, That does more than livestream, doesn’t it?”

When asked how long he planned on holding services in defiance of the law, Hildebrandt was quick with his answer.

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